Justia New York Court of Appeals Opinion SummariesArticles Posted in Immigration Law
People v. Delorbe
The Court of Appeals affirmed Defendant's conviction and affirmed the denial of Defendant's pro se motion pursuant to N.Y. Crim. Proc. Law (CPL) 440.10 to vacate his conviction of attempted burglary in the second degree, holding that Defendant did not preserve his due process claim that the trial court failed to inform him of potential immigration consequences as a result of his conviction and that Supreme Court did not abuse its discretion in summarily rejecting Defendant's CPL 440.10 motion. Defendant was served, in open court and months before the plea proceedings leading up to his plea of guilty to attempted burglary in the second degree, with a "Notice of Immigration Consequences" form. In affirming both Defendant's conviction on his direct appeal and Supreme Court's denial of Defendant's CPL 440.10 motion the Appellate Division concluded that provision of the notice to Defendant meant that his direct appeal did not fit within "the narrow exception to the preservation requirement." The Court of Appeals affirmed, holding (1) Defendant's claim on appeal was unpreserved as a matter of law, and no exception to the preservation rule applied; and (2) Supreme Court acted within its discretion in denying Defendant's CPL 440.10 motion without a hearing. View "People v. Delorbe" on Justia Law
N.Y. Hosp. Med. Ctr. of Queens v Microtech Contracting Corp.
Plaintiff-hospital engaged Defendant to undertake demolition in a basement room at the hospital. Defendant hired brothers Luis and Gerardo Lema, undocumented aliens not legally employable in the United States. The Lemas were injured while performing the work and sued the hospital for violations of the state’s Labor Law. Supreme Court granted the Lemas summary judgment on liability. The hospital, meanwhile, brought this action for common-law and contractual contribution and indemnification against Defendant to recover damages incurred in the Labor Law litigation with the Lemas. Supreme Court granted Defendant’s motion to dismiss on the ground that the complaint did not state a cause of action, reasoning that N.Y. Workers’ Comp. Law 11 barred the hospital’s action. In so holding, the court determined that non-compliance with the Immigration Reform and Control Act (IRCA) did not deprive Defendant of the protection of section 11. The Appellate Division affirmed. The Court of Appeals affirmed, holding that Defendant was entitled to the safe harbor in section 11 because the Lemas did not suffer grave injuries, there was no preexisting agreement for contractual contribution or indemnification, and the hospital did not contend that IRCA preempts section 11.View "N.Y. Hosp. Med. Ctr. of Queens v Microtech Contracting Corp." on Justia Law